II 

118TH CONGRESS 

2D SESSION S. 4119 

To limit the use of solitary confinement and other forms of restrictive housing 

in immigration detention, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 15, 2024 

Mr. DURBIN (for himself and Mr. SCHATZ) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To limit the use of solitary confinement and other forms 

of restrictive housing in immigration detention, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Restricting Solitary Confinement in Immigration Deten6 tion Act of 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Solitary confinement reforms. 


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Sec. 4. Reassessment of detained noncitizens’ mental health. 

Sec. 5. Oversight responsibilities. 

Sec. 6. Private cause of action. 

Sec. 7. Rulemaking. 

Sec. 8. Authorization of appropriations. 

Sec. 9. Effective date. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE LEVEL OF CARE.—The term 

4 ‘‘appropriate level of care’’ means the appropriate 

5 treatment setting for mental health care that a de6 tained noncitizen with mental illness requires, which 

7 may include outpatient care, emergency or crisis 

8 services, day treatment, supported residential hous9 ing, infirmary care, or inpatient psychiatric hos10 pitalization services. 

11 (2) INTELLECTUAL DISABILITY.—The term ‘‘in12 tellectual disability’’ means a significant mental im13 pairment characterized by significant limitations in 

14 intellectual functioning and adaptive behavior. 

15 (3) LONGER-TERM SEPARATION.—The term 

16 ‘‘longer-term separation’’ means a nonpunitive form 

17 of separation that removes a detained noncitizen 

18 from the general population of a detention center or 

19 other facility in which the noncitizen is being de20 tained for— 

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1 diate threat to the safety or security of the de2 tained noncitizen, other detained noncitizens, 

3 staff, or the public; or 

4 (B) temporary administrative reasons. 

5 (4) MULTIDISCIPLINARY STAFF COMMITTEE.— 

6 The term ‘‘multidisciplinary staff committee’’ means 

7 a committee— 

8 (A) composed of staff at the facility at 

9 which a detained noncitizen resides who are re10 sponsible for reviewing the initial placement of 

11 the noncitizen in longer-term separation and 

12 any extensions of time in longer-term separa13 tion; and 

14 (B) that includes— 

15 (i) not fewer than 2 licensed mental 

16 health professionals; 

17 (ii) not fewer than 2 medical profes18 sionals; and 

19 (iii) not fewer than 1 member of the 

20 leadership of the facility. 

21 (5) NONCITIZEN.—The term ‘‘noncitizen’’ has 

22 the meaning given the term ‘‘alien’’ in section 

23 101(a) of the Immigration and Nationality Act (8 

24 U.S.C. 1101(a)). 


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1 (6) PROTECTION CASE.—The term ‘‘protection 

2 case’’ means a detained noncitizen who, by the re3 quest of the noncitizen or through a staff determina4 tion, requires protection. 

5 (7) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Homeland Security. 

7 (8) SERIOUS MENTAL ILLNESS.—The term ‘‘se8 rious mental illness’’ means— 

9 (A) a finding by a qualified mental health 

10 professional that the detained noncitizen is at 

11 serious risk of substantially deteriorating men12 tally or emotionally while confined in solitary 

13 confinement or longer-term separation, or al14 ready has so deteriorated while confined in soli15 tary confinement or longer-term separation, 

16 such that diversion or removal is deemed to be 

17 clinically appropriate by a qualified mental 

18 health professional; or 

19 (B) a current or recent diagnosis by a 

20 qualified mental health professional of 1 or 

21 more of the following disorders and any com22 parable disorders described in the most recent 

23 edition of the Diagnostic and Statistical Manual 

24 of Mental Disorders: 


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1 (i) Schizophrenia or another psychotic 

2 disorder. 

3 (ii) Major depressive disorder. 

4 (iii) Any type of bipolar disorder. 

5 (iv) A neurodevelopmental disorder, 

6 dementia, or other cognitive disorder, in7 cluding autism spectrum disorder. 

8 (v) Any disorder commonly character9 ized by breaks with reality or perceptions 

10 of reality. 

11 (vi) Any type of anxiety disorders. 

12 (vii) Trauma or stressor related dis13 order. 

14 (viii) Severe personality disorders. 

15 (9) SOLITARY CONFINEMENT.—The term ‘‘soli16 tary confinement’’ means confinement in a cell, 

17 other housing location, or other space that is not 

18 shared space conducive to meaningful group inter19 action, whether alone or with 1 or more other de20 tained noncitizens. 

21 (10) SUBSTANTIAL AND IMMEDIATE THREAT.— 

22 The term ‘‘substantial and immediate threat’’ means 

23 a set of circumstances that require immediate action 

24 in order to combat a significant threat to the safety 


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1 of a detained noncitizen, other detained noncitizens, 

2 staff, or the public. 

3 (11) U.S. CUSTOMS AND BORDER PROTECTION

4 FACILITY.—The term ‘‘U.S. Customs and Border 

5 Protection facility’’ means— 

6 (A) a detention facility owned and adminis7 tered by U.S. Customs and Border Protection; 

8 or 

9 (B) a Federal, State, local, or private facil10 ity that has contracted (directly or indirectly) 

11 with U.S. Customs and Border Protection to 

12 detain noncitizens in Federal custody, and re13 gardless of any time limits that exist for the du14 ration of the detention in such a facility. 

15 (12) U.S. IMMIGRATION AND CUSTOMS EN16 FORCEMENT FACILITY.—The term ‘‘U.S. Immigra17 tion and Customs Enforcement facility’’ means— 

18 (A) a detention facility owned and adminis19 tered by U.S. Immigration and Customs En20 forcement; or 

21 (B) a Federal, State, local, or private facil22 ity that has contracted (directly or indirectly) 

23 with U.S. Immigration and Customs Enforce24 ment to detain noncitizens in Federal custody, 

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1 shals Service that houses detained noncitizens, 

2 and regardless of any time limits that exist for 

3 the duration of the detention in such a facility. 

4 SEC. 3. SOLITARY CONFINEMENT REFORMS. 

5 (a) USE OF SOLITARY CONFINEMENT AND LONGER6 TERM SEPARATION.— 

7 (1) USE OF SOLITARY CONFINEMENT.—A de8 tained noncitizen may not be placed in solitary con9 finement within a U.S. Immigration and Customs 

10 Enforcement or U.S. Customs and Border Protec11 tion facility unless such confinement— 

12 (A) is necessary to address immediate cir13 cumstances that pose a substantial and imme14 diate threat; 

15 (B) is limited to the briefest term and the 

16 least restrictive conditions practicable, includ17 ing— 

18 (i) not more than 8 hours immediately 

19 following an incident precipitating place20 ment in solitary confinement; 

21 (ii) not more than 8 hours during any 

22 24-hour period; and 

23 (iii) not more than 16 hours during 

24 any 7-day period; and 


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1 (C) complies with the provisions of this 

2 section. 

3 (2) USE OF LONGER-TERM SEPARATION.—A de4 tained noncitizen may not be placed in longer-term 

5 separation within a U.S. Immigration and Customs 

6 Enforcement or U.S. Customs and Border Protec7 tion facility unless such separation— 

8 (A) is limited to the briefest term and the 

9 least restrictive conditions practicable, including 

10 not fewer than 10 hours of out-of-cell time 

11 every day; 

12 (B) is consistent with the rationale for 

13 placement and with the progress achieved by 

14 the detained noncitizen; 

15 (C) allows a detained noncitizen to have 

16 meaningful access to counsel and to participate 

17 in meaningful out-of-cell group programming 

18 opportunities in a classroom or equivalent set19 ting, out-of-cell group recreation, and privileges 

20 that are similar to those available in the general 

21 population; 

22 (D) allows the detained noncitizen to have 

23 as much meaningful interaction with others, 

24 such as other detained noncitizens, counsel, 


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1 visitors, clergy, or licensed mental health pro2 fessionals, as people in the general population; 

3 (E) is for the purposes of longer-term sep4 aration as detailed in the provisions of this sec5 tion; 

6 (F) is determined to be necessary following 

7 the consideration of all alternatives by facility 

8 personnel, including release; and 

9 (G) complies with the provisions under this 

10 section. 

11 (3) SPECIFIC LIMITATIONS ON LONGER-TERM

12 SEGREGATION.—The Secretary— 

13 (A) shall limit longer-term separation in 

14 U.S. Immigration and Customs Enforcement 

15 and U.S. Customs and Border Protection facili16 ties— 

17 (i) to situations in which such separa18 tion is necessary to control a substantial 

19 and immediate threat that cannot be ad20 dressed through alternative housing; and 

21 (ii) to a duration of not more than 7 

22 consecutive days, and not more than 7 

23 days in a 14-day period, unless the de24 tained noncitizen— 


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1 (I) is a protection case and re2 quests to remain in longer-term sepa3 ration pursuant to paragraph 

4 (4)(B)(i); 

5 (II) is provided with additional 

6 out-of-cell time, socialization, and pro7 gramming opportunities; and 

8 (III) is provided with not fewer 

9 than 10 hours of out-of-cell time each 

10 day; and 

11 (B) may not permit the use of solitary con12 finement or longer-term separation as a form of 

13 discipline. 

14 (4) PROTECTIVE CUSTODY.—The Secretary— 

15 (A) shall establish policies to ensure that a 

16 noncitizen who is a protection case— 

17 (i) upon the request of such noncit18 izen, is released with a care plan; or 

19 (ii) if release is not practicable, is 

20 transferred to the least restrictive safer al21 ternative available, such as— 

22 (I) an alternative to detention; 

23 (II) an alternative general popu24 lation unit in the same U.S. Immigra25 tion and Customs Enforcement or 


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1 U.S. Customs and Border Protection 

2 facility; or 

3 (III) an alternative U.S. Immi4 gration and Customs Enforcement or 

5 U.S. Customs and Border Protection 

6 facility; and 

7 (B) may not place a detained noncitizen 

8 who is a protection case in solitary confinement 

9 or longer-term separation due to the status of 

10 the noncitizen as a protection case unless— 

11 (i) the noncitizen requests to be 

12 placed in solitary confinement or longer13 term separation, in which case— 

14 (I) at the request of such noncit15 izen, the noncitizen shall be released 

16 with a care plan; or 

17 (II) if release is not practicable, 

18 the noncitizen is transferred to the 

19 least restrictive safer alternative avail20 able, such as— 

21 (aa) an alternative to deten22 tion; 

23 (bb) an alternative general 

24 population unit in the same U.S. 

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1 forcement or U.S. Customs and 

2 Border Protection facility; or 

3 (cc) an alternative U.S. Im4 migration and Customs Enforce5 ment or U.S. Border Protection 

6 facility; 

7 (ii) such confinement is limited to— 

8 (I) not more than 8 hours of soli9 tary confinement and not more than 5 

10 days of longer-term separation; and 

11 (II) time to prepare the noncit12 izen for transfer to a safer alternative, 

13 such as any of the alternatives de14 scribed in items (aa) through (cc) of 

15 clause (i)(II); and 

16 (iii) the noncitizen has been verbally 

17 informed of any available alternatives; and 

18 (C) not later than 90 days after the date 

19 of the enactment of this Act, shall— 

20 (i) initiate a plan to ensure that each 

21 U.S. Immigration and Customs Enforce22 ment or U.S. Customs and Border Protec23 tion facility includes alternative general 

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1 paragraphs (A)(ii)(II) and (B)(i)(II)(bb); 

2 and 

3 (ii) submit a report on the implemen4 tation of such plan to— 

5 (I) the Committee on Homeland 

6 Security and Governmental Affairs of 

7 the Senate; 

8 (II) the Committee on the Judici9 ary of the Senate; 

10 (III) the Committee on Home11 land Security of the House of Rep12 resentatives; and 

13 (IV) the Committee on the Judi14 ciary of the House of Representatives. 

15 (5) VULNERABLE POPULATIONS.— 

16 (A) IN GENERAL.—A U.S. Immigration 

17 and Customs Enforcement or U.S. Customs 

18 and Border Protection facility may not place a 

19 detained noncitizen in solitary confinement if— 

20 (i) except as provided in subparagraph 

21 (B), the detained noncitizen— 

22 (I) is younger than 25 years of 

23 age; 

24 (II) has a serious mental illness 

25 or an intellectual disability; 


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1 (III) has a physical disability 

2 that a licensed medical professional 

3 determines is likely to be exacerbated 

4 by placement in solitary confinement 

5 or that solitary confinement is clini6 cally contraindicated; 

7 (IV) is pregnant or is in the first 

8 8 weeks of the postpartum recovery 

9 period after giving birth; or 

10 (V) has been determined by a li11 censed medical processional to be like12 ly to be significantly adversely af13 fected by placement in solitary con14 finement; 

15 (ii) the detained noncitizen is lesbian, 

16 gay, bisexual, transgender, intersex, or 

17 gender nonconforming (as such terms are 

18 defined in section 115.5 of title 28, Code 

19 of Federal Regulations, or in any successor 

20 regulation), if such placement is based (in 

21 whole or in part) on such identification or 

22 status; 

23 (iii) the detained noncitizen is HIV 

24 positive, if the placement is based (in 


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1 whole or in part) on such HIV positive sta2 tus; 

3 (iv) the placement is based (in whole 

4 or in part) on the detained noncitizen’s 

5 race, religion, or nationality; or 

6 (v) if the noncitizen is not a protec7 tion case, the placement is based (in whole 

8 or in part) on— 

9 (I) the detained noncitizen’s re10 port of an incident of abuse or mis11 conduct; 

12 (II) the detained noncitizen’s de13 cision to engage in a hunger strike; or 

14 (III) any other form of retalia15 tion against the detained noncitizen. 

16 (B) EXCEPTIONS.—The limitation on soli17 tary confinement described in subparagraph 

18 (A)(i) shall not apply if— 

19 (i) such confinement is a temporary 

20 response to the behavior of the detained 

21 noncitizen, which poses a substantial and 

22 immediate threat; 

23 (ii) all other options to de-escalate the 

24 situation have been exhausted, including 

25 less restrictive techniques such as— 


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1 (I) penalizing the detained non2 citizen through loss of privileges; 

3 (II) speaking with the detained 

4 noncitizen in an attempt to de-esca5 late the situation; and 

6 (III) providing an appropriate 

7 level of care through a licensed mental 

8 health professional; 

9 (iii) such confinement is limited to— 

10 (I) 3 hours after the detained 

11 noncitizen is placed in solitary con12 finement, if the noncitizen poses a 

13 substantial and immediate threat to 

14 others; or 

15 (II) 30 minutes after the de16 tained noncitizen is placed in solitary 

17 confinement, if the noncitizen poses a 

18 substantial and immediate threat only 

19 to the noncitizen’s self; and 

20 (iv) if, after the applicable maximum 

21 period of confinement under subclause (I) 

22 or (II) of clause (iii) has expired, the de23 tained noncitizen continues to pose a sub24 stantial and immediate threat described in 

25 the applicable subclause— 


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1 (I) the detained noncitizen is 

2 transferred to the least restrictive 

3 safer alternative available pursuant to 

4 paragraph (4)(B)(i)(II); or 

5 (II) if a qualified mental health 

6 professional believes the level of crisis 

7 service needed is not currently avail8 able, a staff member of the facility 

9 initiates a referral to a location that 

10 can meet the needs of the detained 

11 noncitizen. 

12 (6) ACCESS TO COUNSEL.—Noncitizens placed 

13 in solitary confinement and longer-term separation 

14 shall be— 

15 (A) offered meaningful access to counsel to 

16 the same extent that detained noncitizens in the 

17 general population are offered access to counsel; 

18 and 

19 (B) notified in writing of their right to ac20 cess to counsel before being placed in solitary 

21 confinement or longer-term separation. 

22 (7) RIGHT TO REVIEW PLACEMENT IN LONGER23 TERM SEPARATION.—The Secretary shall ensure 

24 that each noncitizen placed in longer-term separa25 tion— 


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1 (A) not later than 4 hours after the begin2 ning of such placement, has access to written 

3 and verbal notice, in a language the noncitizen 

4 understands, that thoroughly details the basis 

5 for placement in longer-term separation, includ6 ing— 

7 (i) thorough documentation explaining 

8 why such confinement is permissible and 

9 necessary; and 

10 (ii) if an exception under paragraph 

11 (3)(A)(ii), (4)(B), or (5)(B) is used to jus12 tify placement in longer-term separation, 

13 thorough documentation explaining why 

14 such an exception applies; 

15 (B) has access to a timely, thorough, and 

16 continuous review process that— 

17 (i) occurs not fewer than 2 days after 

18 being placed in longer-term separation, and 

19 thereafter not less frequently than weekly, 

20 unless more frequent reviews are otherwise 

21 required under this section; 

22 (ii) includes private, face-to-face inter23 views with a multidisciplinary staff com24 mittee; and 

25 (iii) examines whether— 


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1 (I) placement in solitary confine2 ment was and remains necessary; 

3 (II) the conditions of confinement 

4 comply with the requirements under 

5 this section; and 

6 (III) any exception under para7 graph (3)(A)(ii), (4)(B), or (5)(B) 

8 used to justify placement in longer9 term separation was and remains war10 ranted; 

11 (C) has access to a process to appeal the 

12 initial placement or continued placement of the 

13 detained noncitizen in longer-term separation; 

14 (D) receives prompt and timely written no15 tice of the appeal procedures; and 

16 (E) receives copies of all documents, files, 

17 and records relating to the detained noncitizen’s 

18 placement in longer-term separation, unless 

19 such documents contain contraband, classified 

20 information, or sensitive security-related infor21 mation. 

22 (b) MENTAL HEALTH CARE FOR NONCITIZENS IN

23 LONGER-TERM SEPARATION.— 

24 (1) MENTAL HEALTH SCREENING.—Not later 

25 than 6 hours after a detained noncitizen is placed in 


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1 longer-term separation in a U.S. Immigration and 

2 Customs Enforcement or U.S. Customs and Border 

3 Protection facility, the noncitizen shall receive a 

4 comprehensive, face-to-face mental health evaluation 

5 by a licensed mental health professional in a con6 fidential setting. 

7 (2) MENTAL HEALTH TREATMENT PROGRAM.— 

8 A detained noncitizen diagnosed with a serious men9 tal illness after an evaluation described in paragraph 

10 (1)— 

11 (A) may not be placed in solitary confine12 ment; and 

13 (B) shall receive an appropriate level of 

14 care to address the detained noncitizen’s mental 

15 health needs. 

16 (3) CONTINUING EVALUATIONS.—After each 7- 

17 day period during which a detained noncitizen is 

18 held in continuous placement in longer-term separa19 tion— 

20 (A) a licensed mental health professional 

21 shall conduct a comprehensive, face-to-face, out22 of-cell mental health evaluation of the noncit23 izen in a confidential setting; and 


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1 (B) the Secretary shall adjust the place2 ment of the noncitizen in accordance with this 

3 subsection. 

4 (c) TRAINING FOR DETENTION CENTER STAFF.— 

5 (1) TRAINING.—All employees of a U.S. Immi6 gration and Customs Enforcement or U.S. Customs 

7 and Border Protection facility and any contracted 

8 personnel working at such facility who interact with 

9 noncitizens on a regular basis shall be required to 

10 complete training in— 

11 (A) recognizing the symptoms of mental 

12 illness; 

13 (B) the potential risks and side effects of 

14 psychiatric medications; 

15 (C) the consequences of untreated mental 

16 illness; 

17 (D) the long- and short-term psychological 

18 effects of solitary confinement; 

19 (E) the harms faced by vulnerable popu20 lations in solitary confinement; 

21 (F) the benefits of release from detention 

22 for vulnerable populations; 

23 (G) de-escalation and communication tech24 niques for safely managing individuals with 

25 mental illness; and 


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1 (H) de-escalation and communication tech2 niques for diverting detained noncitizens from 

3 situations that may lead to the noncitizen being 

4 placed in solitary confinement or longer-term 

5 separation. 

6 (2) NOTIFICATION TO MEDICAL STAFF.—An 

7 employee of a U.S. Immigration and Customs En8 forcement or U.S. Customs and Border Protection 

9 facility shall immediately notify a member of such 

10 facility’s medical or mental health staff if such em11 ployee— 

12 (A) observes a detained noncitizen with 

13 signs of mental illness, unless such employee 

14 has knowledge that the noncitizen’s signs of 

15 mental illness have previously been reported; or 

16 (B) observes a detained noncitizen with 

17 signs of a mental health crisis; 

18 (3) SUPPLEMENTAL TRAINING.—Not later than 

19 90 days after the date of the enactment of this Act, 

20 all employees of U.S. Immigration and Customs En21 forcement or U.S. Customs and Border Protection 

22 who regularly interact with detained noncitizens, su23 pervise detention facility personnel, or review soli24 tary confinement or longer-term separation place25 ments shall complete supplemental training in the 


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1 policies governing the use of solitary confinement 

2 and longer-term separation required by this Act. 

3 (d) REPORTING REQUIREMENTS.— 

4 (1) DAILY TRACKING OF SOLITARY CONFINE5 MENT.—Each U.S. Immigration and Customs En6 forcement or U.S. Customs and Border Protection 

7 facility shall submit a daily report to the Director of 

8 U.S. Immigration and Customs Enforcement, the 

9 Commissioner of U.S. Customs and Border Protec10 tion, and the Office of the Principal Legal Advisor 

11 of the Department of Homeland Security that iden12 tifies, with respect to the applicable day— 

13 (A) any detained noncitizens who were 

14 placed in solitary confinement or longer-term 

15 separation, including— 

16 (i) the rationale behind each such 

17 placement; 

18 (ii) whether any exception listed in 

19 subsection (a) was used to justify place20 ment in solitary confinement or increased 

21 restrictive conditions in solitary confine22 ment was applied; and 

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1 ing each individual noncitizen in solitary 

2 confinement or longer-term separation; 

3 (B) the continued detention of any nonciti4 zens in longer-term separation, including— 

5 (i) the number of days such nonciti6 zens have been detained in longer-term 

7 separation; and 

8 (ii) an explanation of the application 

9 of any exception listed in subsection (a) 

10 that was used to justify an adjustment to 

11 the noncitizen’s time or conditions in 

12 longer-term separation; and 

13 (C) the release of any detained noncitizens 

14 from solitary confinement or longer-term sepa15 ration. 

16 (2) PUBLICATION OF USE OF SOLITARY CON17 FINEMENT.—The Secretary, without revealing per18 sonally identifiable information, shall publish online 

19 weekly updates regarding— 

20 (A) the number of unique noncitizens 

21 placed or remaining in solitary confinement or 

22 longer-term separation at each U.S. Immigra23 tion and Customs Enforcement and U.S. Cus24 toms and Border Protection facility, 

25 disaggregated by race, age, gender identity, 


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1 documented mental health status, documented 

2 disability, pregnancy or postpartum status, 

3 identification as lesbian, gay, bisexual, 

4 transgender, intersex, or gender nonconforming, 

5 length of time in solitary confinement, type of 

6 housing unit, and length of time in such hous7 ing unit; and 

8 (B) any instances in which facility staff 

9 have placed a detained noncitizen— 

10 (i) in solitary confinement for more 

11 than 8 hours; or 

12 (ii) in longer-term separation for more 

13 than 7 days. 

14 (3) INTERNAL REVIEW OF DATA.— 

15 (A) WEEKLY REVIEWS.—The Director of 

16 the appropriate Enforcement and Removal Op17 erations field office within U.S. Immigration 

18 and Custom Enforcement and the Director of 

19 the appropriate field office within U.S. Customs 

20 and Border Protection shall— 

21 (i) on a weekly basis— 

22 (I) review the daily reports from 

23 each U.S. Immigration and Customs 

24 Enforcement and U.S. Customs and 


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1 Border Protection facility under the 

2 Director’s jurisdiction; and 

3 (II) certify, as appropriate, that 

4 each such facility is in compliance 

5 with this Act; 

6 (ii) report any instances in which a 

7 U.S. Immigration and Customs Enforce8 ment and U.S. Customs and Border Pro9 tection facility failed to comply, or is sus10 pected of failing to comply, with this Act 

11 to the Office of Immigration Detention 

12 Ombudsman; and 

13 (iii) direct any U.S. Immigration and 

14 Customs Enforcement and U.S. Customs 

15 and Border Protection facility that failed 

16 to comply, or is suspected of failing to 

17 comply, with this Act to immediately ad18 dress any such failures to comply, includ19 ing by immediately removing a detained 

20 noncitizen from solitary confinement or 

21 longer-term separation if the noncitizen’s 

22 placement or continued detention in soli23 tary confinement or longer term separation 

24 was not in compliance with this Act. 


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1 (B) MONTHLY REPORTS.—The Office of 

2 Immigration Detention Oversight shall— 

3 (i) promptly review any reports re4 ceived pursuant to subparagraph (A)(ii); 

5 (ii) submit monthly reports to the Di6 rector of U.S. Immigration and Customs 

7 Enforcement and the Commissioner of 

8 U.S. Customs and Border Protection that 

9 identify areas of concern regarding par10 ticular cases or facilities that warrant fur11 ther examination; and 

12 (iii) publish such monthly reports on a 

13 publicly accessible website. 

14 SEC. 4. REASSESSMENT OF DETAINED NONCITIZENS’ MEN15 TAL HEALTH. 

16 Not later than 180 days after the date of the enact17 ment of this Act, the Secretary shall— 

18 (1) assemble a team of licensed mental health 

19 professionals, which shall include licensed mental 

20 health professionals who are not employed by the 

21 Department of Homeland Security, to conduct a 

22 comprehensive mental health reevaluation for each 

23 noncitizen held in longer-term separation for more 

24 than 7 days (as of the date of enactment of this 

25 Act), including a confidential, face-to-face, out-of-cell 


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1 interview by a licensed mental health professional; 

2 and 

3 (2) adjust the placement of each noncitizen 

4 based on the results of such interview, in accordance 

5 with this Act. 

6 SEC. 5. OVERSIGHT RESPONSIBILITIES. 

7 (a) IN GENERAL.—Section 705 of the Homeland Se8 curity Act of 2002 (6 U.S.C. 345) is amended by adding 

9 at the end the following: 

10 ‘‘(c) IMMIGRATION DETENTION.— 

11 ‘‘(1) DEFINED TERMS.—In this subsection, the 

12 terms ‘U.S. Immigration and Customs Enforcement 

13 facility’ and ‘U.S. Customs and Border Protection 

14 facility’ have the meaning given such terms in sec15 tion 2 of the Restricting Solitary Confinement in 

16 Immigration Detention Act of 2024. 

17 ‘‘(2) INTERNAL REPORTING.—The Secretary 

18 shall ensure that each U.S. Immigration and Cus19 toms Enforcement and U.S. Customs and Border 

20 Protection facility provides multiple internal ways 

21 for noncitizens and others to promptly report viola22 tions of section 3 of the Restricting Solitary Con23 finement in Immigration Detention Act of 2024 to 

24 the Office of Immigration Detention Oversight and 

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1 cluding not less than 2 procedures for noncitizens 

2 and others to report violations of section 3 of such 

3 Act to— 

4 ‘‘(A) an entity or office that— 

5 ‘‘(i) is not part of the facility; and 

6 ‘‘(ii) is able to receive and imme7 diately forward reports to the Office of Im8 migration Detention Oversight and the Of9 ficer for Civil Rights and Civil Liberties, 

10 allowing the noncitizen to remain anony11 mous upon request; and 

12 ‘‘(B) the Office of Immigration Detention 

13 Oversight and the Officer for Civil Rights and 

14 Civil Liberties in a confidential manner, allow15 ing the noncitizen to remain anonymous upon 

16 request. 

17 ‘‘(3) NOTICE TO DETAINED INDIVIDUALS.—The 

18 Secretary shall ensure that each U.S. Immigration 

19 and Customs Enforcement and U.S. Customs and 

20 Border Protection facility provides noncitizens 

21 with— 

22 ‘‘(A) notice of how to report violations of 

23 section 4 of the Restricting Solitary Confine24 ment in Immigration Detention Act of 2024 in 

25 accordance with paragraph (2), including— 


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1 ‘‘(i) notice prominently posted in the 

2 living and common areas of each such fa3 cility; 

4 ‘‘(ii) individual notice to noncitizens 

5 at initial intake into a U.S. Immigration 

6 and Customs Enforcement and U.S. Cus7 toms and Border Protection facility, when 

8 transferred to a new facility, and when 

9 placed in solitary confinement and longer10 term separation; 

11 ‘‘(iii) notice to noncitizens with dis12 abilities in accessible formats; and 

13 ‘‘(iv) written or verbal notice in a lan14 guage the noncitizen understands; and 

15 ‘‘(B) notice of permissible practices related 

16 to solitary confinement in U.S. Immigration 

17 and Customs Enforcement and U.S. Customs 

18 and Border Protection facilities, including the 

19 requirements under section 3 of such Act. 

20 ‘‘(4) NOTICE TO OVERSIGHT OFFICES.—Not 

21 later than 24 hours after the placement of a de22 tained individual in solitary confinement or longer23 term separation, the Secretary shall ensure that 

24 each U.S. Immigration and Customs Enforcement 

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1 tifies the Office of the Immigration Detention Om2 budsman and the Officer for Civil Rights and Civil 

3 Liberties of such placement. 

4 ‘‘(5) ACCESS.—The Secretary shall ensure that 

5 the Officer for Civil Rights and Civil Liberties— 

6 ‘‘(A) has unrestricted access to U.S. Immi7 gration and Customs Enforcement or U.S. Cus8 toms and Border Protection facilities; and 

9 ‘‘(B) is able to review documents, request 

10 and review information, and speak privately 

11 with noncitizens, contractors, volunteers, U.S. 

12 Immigration and Customs Enforcement facility 

13 staff, and U.S. Customs and Border Protection 

14 facility staff. 

15 ‘‘(6) ASSESSMENT OF SOLITARY CONFINEMENT

16 AND LONGER-TERM SEPARATION IN IMMIGRATION

17 DETENTION.— 

18 ‘‘(A) ANNUAL ASSESSMENT.—Not later 

19 than 90 days after the last day of each fiscal 

20 year, the Officer for Civil Rights and Civil Lib21 erties and the Office of Immigration Detention 

22 Ombudsman shall— 

23 ‘‘(i) analyze the use of solitary con24 finement and longer term separation in 

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1 ment and U.S. Customs and Border Pro2 tection facilities during such fiscal year; 

3 ‘‘(ii) submit a joint assessment con4 taining the results of such analysis to the 

5 Committee on the Judiciary of the Senate, 

6 the Committee on Homeland Security and 

7 Governmental Affairs of the Senate, the 

8 Committee on the Judiciary of the House 

9 of Representatives, and the Committee on 

10 Homeland Security of the House of Rep11 resentatives; and 

12 ‘‘(iii) publish such assessment on a 

13 publicly accessible website. 

14 ‘‘(B) DATA.—Each assessment submitted 

15 pursuant to subparagraph (A)(ii) shall include 

16 aggregated and disaggregated data reported by 

17 U.S. Immigration and Customs Enforcement 

18 and U.S. Customs and Border Protection facili19 ties, to be provided by U.S. Immigration and 

20 Customs Enforcement and U.S. Customs and 

21 Border Protection to the Officer for Civil 

22 Rights and Civil Liberties not later than 30 

23 days after the last day of each fiscal year, in24 cluding— 


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1 ‘‘(i) the policies and regulations of 

2 U.S. Immigration and Customs Enforce3 ment and U.S. Customs and Border Pro4 tection, including— 

5 ‘‘(I) any changes in policies and 

6 regulations, for determining which 

7 noncitizens are placed in solitary con8 finement or longer-term separation; 

9 and 

10 ‘‘(II) a detailed description of the 

11 conditions and restrictions of solitary 

12 confinement and longer-term separa13 tion; 

14 ‘‘(ii) the number of noncitizens in 

15 U.S. Immigration and Customs Enforce16 ment and U.S. Customs and Border Pro17 tection facilities who were housed in soli18 tary confinement or longer-term separation 

19 for any period; 

20 ‘‘(iii) the percentage of all noncitizens 

21 who spent any time in solitary confinement 

22 or longer-term separation during the re23 porting period; 

24 ‘‘(iv) the demographics of all nonciti25 zens housed in solitary confinement or 


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1 longer-term separation, including race, eth2 nicity, religion, age, and gender; 

3 ‘‘(v) the policies and regulations of 

4 U.S. Immigration and Customs Enforce5 ment and U.S. Customs and Border Pro6 tection facilities, including any updates in 

7 policies and regulations, for subsequent re8 views or appeals of the placement of a de9 tained noncitizen into or out of solitary 

10 confinement or longer-term separation; 

11 ‘‘(vi) the number of reviews of and 

12 challenges to the placement of a detained 

13 noncitizen in solitary confinement or 

14 longer-term separation during the report15 ing period and the number of such reviews 

16 or appeals that directly resulted in a 

17 change of placement; 

18 ‘‘(vii) a detailed description of the 

19 conditions and restrictions for solitary con20 finement and longer-term separation, in21 cluding— 

22 ‘‘(I) the number of hours spent 

23 in isolation; and 

24 ‘‘(II) the percentage of time such 

25 conditions involved 2 noncitizens who 


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1 were placed together in solitary con2 finement; 

3 ‘‘(viii) the mean and median length of 

4 stay in solitary confinement or longer-term 

5 separation, based on all individuals re6 leased from solitary confinement or longer7 term separation during the reporting pe8 riod, and any maximum length of stay dur9 ing the reporting period; 

10 ‘‘(ix) the cost of each form of solitary 

11 confinement and longer-term separation 

12 described in subparagraph (A) in use dur13 ing the reporting period, including a com14 parison with the average daily cost of 

15 housing a detained noncitizen in the gen16 eral population; 

17 ‘‘(x) the policies for mental health 

18 screening, mental health treatment, and 

19 subsequent mental health reviews for all 

20 detained noncitizens, including— 

21 ‘‘(I) any update to such policies; 

22 and 

23 ‘‘(II) any additional screening, 

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1 tained noncitizens in solitary confine2 ment or longer-term separation; 

3 ‘‘(xi) a statement of the types of men4 tal health staff that conducted mental 

5 health assessments for U.S. Immigration 

6 and Customs Enforcement and U.S. Cus7 toms and Border Protection facilities dur8 ing the reporting period; 

9 ‘‘(xii) a description of the different 

10 positions in the mental health staff of U.S. 

11 Immigration and Customs Enforcement 

12 and U.S. Customs and Border Protection 

13 facilities; 

14 ‘‘(xiii) the number of part- and full15 time psychologists and psychiatrists em16 ployed by U.S. Immigration and Customs 

17 Enforcement and U.S. Customs and Bor18 der Protection facilities during the report19 ing period; 

20 ‘‘(xiv) data on mental health and med21 ical indicators for all detained noncitizens 

22 in solitary confinement or longer-term sep23 aration including— 


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1 ‘‘(I) the number of noncitizens 

2 requiring medication for mental 

3 health conditions; 

4 ‘‘(II) the number diagnosed with 

5 an intellectual disability; 

6 ‘‘(III) the number diagnosed with 

7 serious mental illness; 

8 ‘‘(IV) the number of suicides; 

9 ‘‘(V) the number of deaths; 

10 ‘‘(VI) the number of attempted 

11 suicides by unique noncitizens and the 

12 number of unique noncitizens placed 

13 on suicide watch; 

14 ‘‘(VII) the number of instances 

15 of self-harm committed by unique 

16 noncitizens; 

17 ‘‘(VIII) the number of nonciti18 zens with physical disabilities, includ19 ing blind, deaf, and mobility-impaired 

20 noncitizens; and 

21 ‘‘(IX) the number of instances of 

22 forced feeding of noncitizens; 

23 ‘‘(xv) any instances in which the Di24 rector of an Enforcement and Removal Op25 erations field office reported that a U.S. 


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1 Immigration and Customs Enforcement fa2 cility in their jurisdiction failed to comply 

3 with, or was suspected of failing to comply 

4 with, any provision of the Restricting Soli5 tary Confinement in Immigration Deten6 tion Act of 2024 or a Director of an Office 

7 of Field Operations reported that a U.S. 

8 Customs and Border Protection facility in 

9 their jurisdiction failed to comply with, or 

10 was suspected of failing to comply with, 

11 the Restricting Solitary Confinement in 

12 Immigration Detention Act of 2024; and 

13 ‘‘(xvi) any other relevant data. 

14 ‘‘(C) CONTENT.—Each assessment sub15 mitted pursuant to subparagraph (A)(ii) shall 

16 include— 

17 ‘‘(i) an analysis of the data described 

18 in subparagraph (B); 

19 ‘‘(ii) recommendations for reform of20 fered to the Director of U.S. Immigration 

21 and Customs Enforcement, the Commis22 sioner of U.S. Customs and Border Protec23 tion, and the Secretary pursuant to para24 graph (6); and 


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1 ‘‘(iii) the response from U.S. Immi2 gration and Customs Enforcement, U.S. 

3 Customs and Border Protection, and the 

4 Department to such recommendations for 

5 reform. 

6 ‘‘(D) AUTHORITY ON FINAL REPORT.— 

7 Each assessment submitted pursuant to sub8 paragraph (A)(ii) may be reviewed by U.S. Im9 migration and Customs Enforcement, U.S. Cus10 toms and Border Protection, and the Secretary 

11 before submission, but the Officer for Civil 

12 Rights and Civil Liberties and the Office of Im13 migration Detention Ombudsman has final au14 thority with respect to the text and the release 

15 of such assessment. 

16 ‘‘(7) REGULAR MEETINGS WITH THE SEC17 RETARY, THE DIRECTOR OF U.S. IMMIGRATION AND

18 CUSTOMS ENFORCEMENT, AND THE COMMISSIONER

19 OF U.S. CUSTOMS AND BORDER PROTECTION.—The 

20 Officer for Civil Rights and Civil Liberties and the 

21 Office of Immigration Detention Ombudsman shall 

22 meet regularly with the Secretary and the Director 

23 of U.S. Immigration and Customs Enforcement and 

24 the Commissioner of U.S. Customs and Border Pro25 tection— 


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1 ‘‘(A) to identify problems with the solitary 

2 confinement and longer-term separation policies 

3 and practices in U.S. Immigration and Customs 

4 Enforcement and U.S. Customs and Border 

5 Protection facilities, including the overuse of 

6 solitary confinement and longer-term separa7 tion; and 

8 ‘‘(B) to present recommendations for such 

9 administrative action as may be appropriate to 

10 resolve problems relating to solitary confine11 ment and longer-term separation policies and 

12 practices in U.S. Immigration and Customs En13 forcement and U.S. Customs and Border Pro14 tection facilities.’’. 

15 (b) ANNUAL REPORT.—Not later than December 31 

16 of each year, the Inspector General of the Department of 

17 Homeland Security shall post a report on a publicly acces18 sible website that analyzes— 

19 (1) the use of solitary confinement and longer20 term separation in U.S. Immigration and Customs 

21 Enforcement and U.S. Customs and Border Protec22 tion facilities; and 

23 (2) the Department’s compliance with this Act 

24 and the amendments made by this Act. 


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1 SEC. 6. PRIVATE CAUSE OF ACTION. 

2 (a) CIVIL ACTION FOR INJURY.—Any person who is 

3 injured by a violation of section 3 may bring a civil action 

4 in the appropriate United States district court against any 

5 person, entity, or other relevant party who violated such 

6 section for— 

7 (1) declaratory and injunctive relief, including 

8 directing the closure of the facility, building, or unit 

9 where the violation took place if such facility, build10 ing, or unit is in repeated and systemic noncompli11 ance with such section; and 

12 (2) such money damages as the court deter13 mines appropriate, including damages for emotional 

14 pain and suffering. 

15 (b) ADDITIONAL AWARDS.—In a civil action brought 

16 pursuant to subsection (a), the court, in addition to any 

17 other relief awarded under such subsection, may award 

18 reasonable attorney’s fees and costs of the action to the 

19 prevailing plaintiff. 

20 (c) CIVIL ACTION FOR CONSTITUTIONAL VIOLA21 TION.— 

22 (1) IN GENERAL.—Any person who is injured 

23 by any action by a Federal official or a person con24 tracting with a Federal agency in a Federal facility, 

25 in violation of the Constitution of the United States, 

26 may bring a civil action in the appropriate United 


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1 States district court against such official, person, or 

2 agency for— 

3 (A) declaratory and injunctive relief, in4 cluding directing the closure of the facility, 

5 building, or unit where the violation took place; 

6 and 

7 (B) such money damages as the court de8 termines appropriate, including damages for 

9 emotional pain and suffering. 

10 (2) ADDITIONAL AWARDS.—In an action filed 

11 pursuant to paragraph (1), the court, in addition to 

12 any other relief awarded under such paragraph, may 

13 award reasonable attorney’s fees and costs of the ac14 tion to the prevailing plaintiff. 

15 SEC. 7. RULEMAKING. 

16 The Secretary, the Director of U.S. Immigration and 

17 Customs Enforcement, and the Commissioner of U.S. 

18 Customs and Border Protection shall prescribe rules, in 

19 accordance with section 553 of title 5, United States Code, 

20 to carry out this Act and the amendments made by this 

21 Act. 

22 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to the Sec24 retary such sums as may be necessary to carry out this 

25 Act and the amendments made by this Act. 


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1 SEC. 9. EFFECTIVE DATE. 

2 Except as otherwise provided, this Act and the 

3 amendments made by this Act shall take effect on the date 

4 that is 18 months after the date of the enactment of this 

5 Act. 

Æ 


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